No.  3. 


IN  ASSEMBLY, 

January  7,  1834. 


DOCUMENTS 

Accompanying  the  Governor's 
Message. 


Copy  of  a  letter  from  the  Commissioners  appointed 
to  settle  the  boundary  between  New- York  and 
New-Jersey. 

New- York,  October  20th,  1833. 

SIR, 

We  have  the  honor  to  inform  you  that  pursuant  to  our  appoint- 
ment under  the  act  concerning  the  territorial  limits  and  jurisdiction 
of  the  State  of  New-York  and  the  State  of  New- Jersey,  passed 
January  18th,  1833,  and  after  several  conferences  with  the  Com- 
missioners appointed  under  a  similar  law  of  the  State  of  New- Jer- 
sey, we  have  concluded  an  agreement  for  the  purpose  of  settling 
the  boundary  referred  to  in  those  acts. 

We  deem  it  unnecessary  to  enter  into  a  detailed  account  of  the 
course  of  the  negotiation,  and  will  only  observe  in  respect  to  it, 
that  waiving  all  discussion  of  the  strict  rights  of  either  party,  the 
Commissioners  on  both  sides  made  such  concessions  as  they  sup- 
posed to  be  not  only  compatible  with  the  substantial  interests  of 
each  of  the  States,  but  conducive  to  the  harmony  and  welfare  of 
both.  Proceeding  upon  these  principles,  it  will  be  seen  that  the 
middle  of  the  waters  which  divide  this  State  from  New- Jersey  has 
been  agreed  upon  as  the  line  of  property,  with  such  variations  as 
to  include  within  this  State  the  islands  belonging  to  it;  and  that 
this  is  also  to  be  the  line  of  jurisdiction,  except  where  circumstan- 

[Assem.  No.  3.]  1 


2  [Assembly  .6*? 

ces  render  a  departure  from  it  proper.  This  was  peculiarly  the 
case  with  respect  to  the  waters  adjacent  to  the  city  of  New-York, 
and  we  trust  that  the  jurisdiction  necessary  for  the  health,  im- 
provement, and  police  of  that  city  has  been  amply  secured,  and 
that  the  agreement  herewith  delivered  to  you  will  be  satisfactory 
to  the  Legislature  and  to  our  fellow-citizens  generally. 

We  are,  Sir,  with  high  respect, 

Your  obedient  servants. 

B.  F.  BUTLER, 
PETER  AUGUSTUS  JAY, 
HENRY  SEYMOUR. 
To  His  Excellency  William  L.  Marcv, 

Governor  of  the  State  of  Nevi-York. 


AGREEMENT 


Made  between  the  Commissioners  on  the  part  of  the 
State  of  New-York  and  the  Commissioners  on  the 
part  of  the  State  of  New- Jersey,  relative  to  the 
boundary  line  between  the  two  States. 

Agreement  made  and  entered  into  by  and  between  Benjamin  P. 
Butler,  Peter  Augustus  Jay  and  Henry  Seymour,  Commissioners 
duly  appointed  on  the  part  and  behalf  of  the  State  of  New-York, 
in  pursuance  of  an  act  of  the  Legislature  of  the  said  State,  entitled 
"  An  act  concerning  the  territorial  limits  and  jurisdiction  of  the 
State  of  New-York  and  the  State  of  New- Jersey,"  passed  Janua- 
ry 18th,  1833,  of  the  one  part,  and  Theodore  Frelinghuysen, 
James  Parker  and  Lucius  Q.  C.  Elmer,  Commissioners  duly  ap- 
pointed on  the  part  and  behalf  of  the  State  of  New- Jersey,  in  pur- 
suance of  an  act  of  the  Legislature  of  the  said  State,  entitled  "  An 
act  for  the  settlement  of  the  territorial  limits  and  jurisdiction  be- 
tween the  States  of  New- Jersey  and  New-York,"  passed  Februa- 
ry 6th,  1833,  of  the  other  part. 

ARTICLE  FIRST. 

The  boundary  line  between  the  two  States  of  New-York  and 
New-Jersey,  from  a  point  in  the  middle  of  Hudson  river  opposite 
the  point  on  the  west  shore  thereof,  in  the  forty-first  degree  of 
north  latitude,  as  heretofore  ascertained  and  marked,  to  the  main 
sea,  shall  be  the  middle  of  the  said  river,  of  the  bay  of  New-York, 
of  the  waters  between  Staten-Island  and  New- Jersey,  and  of  Rari- 
tan  bay,  to  the  main  sea,  except  as  hereinafter  otherwise  particu- 
larly mentioned. 

ARTICLE  SECOND. 

The  State  of  New-York  shall  retain  its  present  jurisdiction  of 
and  over  Bedlow's  and  Ellis'  islands,  and  shall  also  retain  exclu- 
sive jurisdiction  of  and  over  the  other  islands  lying  in  the  waters 
above  mentioned,  and  now  under  the  jurisdiction  of  that  State. 

ARTICLE  THIRD. 

The  State  of  New-York  shall  have  and  enjoy  exclusive  jurisdic- 
tion of  and  over  all  the  waters  of  the  bay  of  New- York,  and  of 
and  over  all  the  waters  of  Hudson  river  lying  west  of  Manhat- 
tan island  and  to  the  south  of  the  mouth  of  Spuytenduyvel  creek, 
and  of  and  over  the  lands  covered  by  the  said  waters  to  the  low  wa- 


I 


[Assembly 


ter  mark  on  the  westerly  or  New- Jersey  side  thereof;  subject  to 
the  following  rights  of  property  and  of  jurisdiction  of  the  State  of 
New- Jersey,  that  is  to  say: 

1.  The  State  of  New- Jersey  shall  have  the  exclusive  right  of 
property  in  and  to  the  land  under  water  lying  west  of  the  middle 
of  the  bay  of  New-York  and  west  of  the  middle  of  that  part  of  the 
Hudson  river  which  lies  between  Manhattan  island  and  New- Jer- 
sey. 

2.  The  State  of  New- Jersey  shall  have  the  exclusive  jurisdic- 
tion of  and  over  the  wharves,  docks  and  improvements  made,  and 
to  be  made,  on  the  shore  of  the  said  State,  and  of  and  over  all  ves- 
sels aground  on  said  shore,  or  fastened  to  any  such  wharf  or  dock; 
except  that  the  said  vessels  shall  be  subject  to  the  quarantine  or 
health  laws,  and  laws  in  relation  to  passengers,  of  the  State  of 
New-York,  which  now  exist  or  which  may  hereafter  be  passed. 

3.  The  State  of  New- Jersey  shall  have  the  exclusive  right  of 
regulating  the  fisheries  on  the  westerly  side  of  the  middle  of  the 
said  waters,  provided  that  the  navigation  be  not  obstructed  or  hin- 
dered. 

ARTICLE  FOURTH. 

The  State  of  New-York  shall  have  exclusive  jurisdiction  of  and 
over  the  waters  of  the  Kill  Van  Kull,  between  Staten-Island  and 
New- Jersey,  to  the  westernmost  end  of  Shooter's  island,  in  respect 
to  such  quarantine  laws  and  laws  relating  to  passengers  as  now 
exist  or  may  hereafter  be  passed  under  the  authority  of  that  State, 
and  for  executing  the  same;  and  the  said  State  shall  also  have  ex- 
clusive jurisdiction,  for  the  like  purposes,  of  and  over  the  waters 
of  the  Sound,  from  the  westernmost  end  of  Shooter's  island  to 
Woodbridge  creek,  as  to  all  vessels  bound  to  any  port  in  the  said 
State  of  New-York. 

ARTICLE  FIFTH. 
The  State  of  New-Jersey  shall  have  and  enjoy  exclusive  juris- 
diction of  and  over  all  the  waters  of  the  Sound  between  Staten-Is- 
land and  New- Jersey  lying  south  of  Woodbridge  creek,  and  of  and 
over  all  the  waters  of  Raritan  bay  lying  westward  of  a  line  drawn 
from  the  light-house  at  Prince's  bay  to  the  mouth  of  Mattavan 
creek,  subject  to  the  following  rights  of  property  and  of  jurisdic- 
tion of  the  State  of  New-York. 

1.  The  State  of  New-York  shall  have  the  exclusive  right  of  pro- 
perty in  and  to  the  land  under  water,  lying  between  the  middle  of 
the  said  waters  and  Staten-Island. 

2.  The  State  of  New-York  shall  have  the  exclusive  jurisdiction 
of  and  over  the  wharves,  docks  and  improvements  made  and  to  be 
made,  on  the  shore  of  Staten-Island;  and  of  and  over  all  vessels 
aground  on  said  shore,  or  fastened  to  any  such  wharf  or  dock,  ex- 
cept Lhat  the  said  vessel  shall  be  subject  to  the  quarantine  or 
health  laws,  and  laws  in  relation  to  passengers  of  the  State  of 
New- Jersey  which  now  exist,  or  which  may  hereafter  be  passed. 


No.  3.] 


5 


3.  The  State  of  New-York  shall  have  the  exclusive  right  of 
regulating  the  fisheries  between  the  shore  of  Staten-Island  and  the 
middle  of  the  said  waters,  provided  that  the  navigation  of  the  said 
waters  be  not  obstructed  or  hindered. 

ARTICLE  SIXTH. 

Criminal  process  issued  under  the  authority  of  the  State  of  New- 
Jersey,  against  any  person  accused  of  an  offence  committed  within 
that  State;  or  committed  on  board  of  any  vessel  being  under  the 
exclusive  jurisdiction  of  that  State  as  aforesaid;  or  committed 
against  the  regulations  made  or  to  be  made  by  that  State,  in  relation 
to  the  fisheries  mentioned  in  the  third  article;  and  also  civil  pro- 
cess issued  under  the  authority  of  the  State  of  New- Jersey  against 
any  person  domiciled  in  that  State,  or  against  property  taken  out 
of  that  State  to  evade  the  laws  thereof;  may  be  served  upon  any 
of  the  said  waters  within  the  exclusive  jurisdiction  of  the  State  of 
New-York,  unless  such  person  or  property  shall  be  on  board  a  ves- 
sel aground  upon,  or  fastened  to  the  shore  of  the  State  of  New- 
York,  or  fastened  to  a  wharf  adjoining  thereto;  or  unless  such 
person  shall  be  under  arrest,  or  such  property  shall  be  under 
seizure,  by  virtue  of  process  or  authority  of  the  State  of  New- 
York. 

ARTICLE  SEVENTH. 

Criminal  process  issued  under  the  authority  of  the  State  of  New- 
York,  against  any  person  accused  of  an  offence  committed  within 
that  State;  or  committed  on  board  of  any  vessel  being  under  the 
exclusive  jurisdiction  of  that  State  as  aforesaid;  or  committed 
against  the  regulations  made  or  to  be  made  by  that  State,  in  rela- 
tion to  the  fisheries  mentioned  in  the  fifth  article;  and  also  civil  pro- 
cess issued  under  the  authority  of  the  State  of  New-York,  against 
any  person  domiciled  in  that  State,  or  against  property  taken  out 
of  that  Sjtate  to  evade  the  laws  thereof;  may  be  served  upon  any 
of  the  said  waters  within  the  exclusive  jurisdiction  of  the  State  of 
New- Jersey,  unless  such  person  or  property  shall  be  on  board  a  ves- 
sel aground  upon,  or  fastened  to  the  shore  of  the  State  of  New- 
Jersey,  or  fastened  to  a  wharf  adjoining  thereto;  or  unless  such 
person  shall  be  under  arrest,  or  such  property  shall  be  under 
seizure,  by  virtue  of  process  or  authority  of  the  State  of  New- 
Jersey. 

ARTICLE  EIGHTH. 

This  agreement  shall  become  binding  on  the  two  States  when 
confirmed  by  the  Legislatures  thereof  respectively,  and  when  ap- 
proved by  the  Congress  of  the  United  States. 

Done  in  four  parts  (two  of  which  are  retained  by  the  Commis- 
sioners of  New-York,  to  be  delivered  to  the  Governor  of  that 
State,  and  the  other  two  of  which  are  retained  by  the  Commis- 
sioners of  New-Jersey,  to  be  delivered  to  the  Governor  of  that 


I 

I 

I         6  [Assembly 

State,)  at  the  city  of  New-York,  this  sixteenth  day  of  September, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
three,  and  of  the  Independence  of  the  United  States  the  fifty- 
eighth. 

(Signed,) 

B.  F.  BUTLER,  THEO.  FRELINGHUYSEN, 

PETER  AUGUSTUS  JAY,   JAMES  PARKER, 
HENRY  SEYMOUR,  LUCIUS  Q.  C.  ELMER. 


lEx  ICthrtH 

SEYMOUR  DURST 

-£    Tort  uumw  ^imjlerdam  e]>  Je  Manhatans 

FORT    NEW    AM  -  T K K I ^^^^^^    NEW  YORK  1651 

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